Wrongful termination is a civil cause of action between a terminated employee and the employer. The basis of this action is that the termination or firing was based on improper reasons as defined by the state courts, statutes or public policy. If an employee believes he was unlawfully fired, he can commence a civil lawsuit in state or federal district court alleging the exact facts of the situation. Unless an employee is working under an employment contract, employment is presumed to be "at will," meaning the employer can fire the employee for any reason. The exceptions to at-will employment are what give rise to wrongful termination claims.

Discrimination

Employees terminated on the basis of unlawful discrimination likely have a cause of action for wrongful termination. Regardless of whether the employee works at-will or under an employment contract, the employer cannot fire him on the basis of race, national origin, color, sex or religion. Employers cannot fire employees based upon disabilities, provided reasonable accommodations can be made for the employee to keep his job. Employers cannot fire an employee based on age if that employee is 40 years of age or older.

Retaliation

Employees fired in retaliation for reporting an employer's unlawful activities are likely eligible for relief through a wrongful termination claim. A retaliation claim typically arises following termination of employment after the employee has reported the employer to the federal Equal Employment Opportunity Commission (EEOC) or an equivalent state agency. These reports generally involve harassment, discrimination or unlawful workplace behavior. If an employer subsequently terminates the reporting employee's position, he may then have a wrongful termination claim in addition to the original claim giving rise to the EEOC complaint.

Violations of Public Policy

Public policy dictates that certain employee acts shall not be grounds for termination regardless of whether the employee is at-will or under an employment contract. These policies vary from state to state, but generally include service in jury duty, taking time off to vote or serving in the National Guard. Employers also cannot fire employees due to acts of whistle blowing, or alerting the authorities about employer conduct that is hazardous to the general public.

Procedure

The first step in commencing a wrongful termination lawsuit is to file a civil complaint against the employer. The complaint is either filed in federal district court or the state equivalent civil trial court. With the help of an employment lawyer, employees can present evidence of wrongful termination and possibly receive a settlement or award to include lost wages, emotional turmoil or mental anguish.

Resources

About the Author

Stephanie Reid has been writing professionally since 2007, with work published in the Virginia Bar Association's "Family Law Quarterly" and the "Whittier Journal of Child and Family Advocacy." She received her Juris Doctor from Regent University and her Bachelor of Arts in French and child development from Florida State University. Reid is admitted to practice law in Delaware and Maryland.